Turkey is a strategically placed nation with a vibrant workforce that attracts businesses from all over the world. Yet, navigating the employment law in Turkey means familiarity with key local regulations on hiring, firing, contracts, and employee rights. Whether you’re opening up operations or hiring Turkish talent from afar, it’s crucial to stay compliant with Turkish labor standards.
Below are the best FAQs on employment law in Turkey to keep the HR, legal, and finance departments updated and in line with compliance needs.
1. What regulates employment law in Turkey?
The main law that governs employment law in Turkey is the Turkish Labor Law No. 4857, supplemented by the Code of Obligations and other statutes relevant to employment law, like Social Insurance and General Health Insurance Law.
2. Must written employment contracts be used?
Yes. Though oral contracts are acceptable for the duration of employment under one year, written contracts are necessary for longer engagements of one year or more. The contracts should specify job description, salary, working hours, and duration.
3. What are the normal working hours in Turkey?
The normal working week in Turkey is 45 hours. This time is usually distributed over six days, though numerous employers use five-day week schedules. Any work over this amount is overtime and must be paid accordingly.
4. What governs overtime?
Overtime cannot be more than 270 hours a year and should be paid out at 1.5 times the regular hourly rate. Compensatory time off in lieu of overtime pay, also on a mutual agreement basis, can be offered to employees as well.
5. What are employees entitled to take as leave?
Employees are entitled to paid annual leave that increases with service duration:
- 14 days for 1–5 years’ service
- 20 days for 5–15 years
- 26 days for over 15 years
Further, employees are granted paid leave on public holidays and for other personal or medical grounds specified by statute.
6. Can employees be dismissed at will by employers?
No. Dismissal has to be for proper reasons and in accordance with proper procedure, particularly for contracts of indefinite duration. Employers must provide notice and, in most instances, termination pay. Employees may bring claims of unfair dismissal, and they can be mediated and heard by a court.
7. What is the notice period on termination required?
The notice period varies according to the employee’s length of service:
- 2 weeks for 0–6 months
- 4 weeks for 6–18 months
- 6 weeks for 18–36 months
- 8 weeks for over 3 years
Employers have the option to pay in lieu of notice.
8. Is severance pay obligatory?
Yes, workers who have been in the company for a year or more are given severance pay in case of termination without just cause. Severance is one month’s wage for every year of service, capped by the government each year.
9. Are probationary periods possible?
Yes, probationary periods are also possible in Turkish employment law, usually for a duration of two months. During this period, both parties can terminate the contract without notice or severance pay.
10. What are the social security contribution obligations?
Employers must enroll employees with the Social Security Institution and are obligated to contribute to social insurance, unemployment insurance, and other compulsory funds. The employer’s contribution generally totals about 22.5% of the basic salary.
11. Are foreign employees covered by the same rules?
Yes, foreign nationals working in Turkey are covered under the same labor legislation, as long as they possess valid work permits. Employers also have the obligation to enforce immigration legislation and regulations.
12. What are the regulations for remote work in Turkey?
Turkey updated its labor law to directly deal with remote work arrangements. Remote work terms should be clearly stated in employment contracts, and employers have to guarantee occupational security, data protection, and working hour conditions for remote workers.
Conclusion
With the combination of clearly defined employee rights and employer responsibilities, Turkey offers opportunities and challenges to international businesses. Clear knowledge of Turkish employment law facilitates easier operations and reduces the risks of compliance. From working hours and contracts to severance and annual leave, employers need to adapt HR practices according to local legislation.
Global People Strategist (GPS) streamlines this process by providing a unified platform with accurate, country-specific labor compliance information, such as for Turkey. GPS provides HR, legal, and finance departments with the tools necessary to remain informed and compliant globally.
